Petervary v. Bubnis

Full title: Nicholas Petervary, respondent, v. Algie Bubnis, et al., appellants.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Oct 19, 2011

2011 N.Y. Slip Op. 87014 (N.Y. App. Div. 2011)

Opinion

Motion No: 2010-01255 Index No. 21003/01M127492

10-19-2011

Nicholas Petervary, respondent, v. Algie Bubnis, et al., appellants.

PETER B. SKELOS

, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

DECISION & ORDER ON MOTION

Motion by the appellants pursuant to CPLR 1021 to appoint an administrator for the estate of the deceased respondent and to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, entered December 8, 2009.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is pursuant to CPLR 1021 to appoint an administrator for the estate of the deceased respondent is denied without prejudice to seeking appropriate relief in the Surrogate's Court or the Supreme Court; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is denied with leave to renew after appointment of a personal representative for the estate of the deceased respondent.

SKELOS, J.P., HALL, LOTT and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court